Malcolm Rivera
A constitutional amendment act is a formal change or addition made to a constitution to address evolving needs or correct existing provisions. The process of amending a constitution varies across countries. In the United States, a proposed amendment originates as a special joint resolution of Congress, while in countries like Ireland and Australia, amendments are drafted as Acts of Parliament and must be approved via referendum. The Indian Constitution, which was last amended in 2023, allows for amendments by a simple majority or a special majority, depending on the provision being changed.
| Characteristics | Values |
|---|---|
| Purpose | To ensure the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values |
| Initiation | Only the Parliament can initiate the constitutional amendment process in India |
| Amendment Procedure | Article 368 of the Indian Constitution deals with the amendment procedure |
| Amendment Type | Formal change or addition made to the Constitution to address evolving needs or correct existing provisions |
| Ratification | A proposed amendment becomes an official Article of the Constitution when ratified by three-fourths of the States |
| Amendment Frequency | The U.S. Constitution has been amended 27 times, while the Indian Constitution has been amended 106 times |
| Amendment Method | Amendments can take the form of revisions to the previous text or be appended to the end of the main text as special articles |
| Special Procedures | Ireland and Australia require amendments to be passed by the legislature and approved in a referendum |
| Amendment Requirements | The Constitution of Ethiopia requires a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly |
Explore related products
What You'll Learn
Amendment ratification
The process of amendment ratification varies across different nations. In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. The process involves proposing an amendment and subsequent ratification. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, a convention for proposing amendments can be called by Congress upon the request of two-thirds of the state legislatures.
The President does not have a constitutional role in the amendment process, and the joint resolution does not require presidential approval. Once an amendment is approved by Congress, it is forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process. The Archivist notifies the states by sending a letter to each state governor, who then formally submits the amendment to their state legislature or ratifying convention.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50 states). This can be achieved through the state legislatures or ratifying conventions in three-quarters of the states. The ratification process is finalised when the Archivist certifies the amendment as valid, and it becomes an operative part of the Constitution.
In contrast, countries like Ireland and Australia require amendments to be first passed by the legislature before being submitted to the people for approval in a referendum. Switzerland follows a similar procedure to Australia. On the other hand, the Constitution of Ethiopia can only be modified by a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
Amendment History: The Second Amendment's Addition Date
You may want to see also
Amendment procedures
In contrast, countries like Ireland and Australia require amendments to be drafted as Acts of Parliament and approved in a referendum before becoming law. Switzerland follows a similar procedure to Australia. In Ethiopia, the Constitution can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply, including publishing the amendment for public comment and submitting it to the provincial legislatures before it is introduced in the National Assembly.
The Treaties of the European Union provide another example of a constitutional basis with a set of international treaties between member states. Since 2009, Article 48 of the Treaty on European Union has outlined two procedures for treaty revision: Ordinary Revision, which requires an intergovernmental conference to adopt proposals for amendments by consensus, and Simplified Revision, where the European Council unanimously adopts decisions on amendments related to the EU's policies and internal actions.
The Constitution's Last Amendment: A Historical Overview
You may want to see also
Amendment initiation
The process of initiating a constitutional amendment varies across different countries and jurisdictions. Here is an overview of the amendment initiation process in several countries:
United States
In the United States, the authority to initiate an amendment to the Constitution stems from Article V of the Constitution. An amendment can be proposed in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate (Congress) or by a constitutional convention called for by two-thirds of the State legislatures. Notably, none of the amendments to the US Constitution have been proposed by a constitutional convention. The proposed amendment takes the form of a joint resolution, which does not require the President's signature or approval. Once Congress proposes an amendment, the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50 states). State constitutions within the US are also amended regularly, and some states allow for initiating the amendment process through the state legislature or popular initiative.
India
In India, the Constitution can be amended through a process outlined in Article 368 of the Constitution. The Parliament initiates the amendment process, and in most cases, the Parliament alone can amend a significant portion of the Constitution. However, in certain instances, the consent of half of the state legislatures is required. After being passed by both Houses of Parliament, the bill is presented to the President for assent, after which it becomes a Constitutional Amendment Act.
Ireland and Australia
Ireland and Australia share a similar approach to constitutional amendment initiation. Amendments are drafted as Acts of Parliament but must be approved in a referendum by a simple majority of voters. In Australia, the process is more complex, requiring a majority of voters in a majority of states.
Ethiopia
The Constitution of Ethiopia can be modified through a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly, as outlined in Article 105. However, certain chapters and articles, such as those pertaining to human and democratic rights, are nearly impossible to amend as they require the total consensus of the federal regional states and two-thirds of each house of Parliament.
California
The California State Constitution can be amended through three methods: by the legislature, by constitutional convention, or by voter initiative. Regardless of the method, a proposed amendment must be approved by a majority of voters. The legislative method requires an absolute supermajority of two-thirds in each house, while the convention method involves submitting the question of calling a convention to the voters, and if approved, the Legislature facilitates the convention.
The 13th Amendment: Abolishing Slavery in America
You may want to see also
Explore related products
Amendment scope
The scope of a constitutional amendment refers to the process and reach of its implementation. It involves the addition, variation, or repeal of any provision of the Constitution, ensuring that it remains adaptable to changing circumstances while preserving its core principles.
In the United States, a constitutional amendment originates as a special joint resolution of Congress, independent of the President's approval or veto. Once an amendment is ratified by three-fourths of the States, it becomes an official part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The procedure includes submitting the proposed amendment to State governors, who then forward it to their State legislatures or call for a convention.
In contrast, countries like Ireland and Australia require amendments to be passed by the legislature before being submitted to the people in a referendum. In Australia, a majority of voters in a majority of states is needed, while Ireland requires a simple majority of those voting. Switzerland follows a similar procedure to Australia.
The Indian Constitution also provides for its amendment, with the process detailed in Article 368 of the Constitution. Amendments can be initiated only by Parliament, and they can be passed with a simple majority or a special majority, depending on the nature of the provisions being altered.
The Constitution of Ethiopia presents a unique case, where amendments require a two-thirds majority across the country's regions and a two-thirds majority in a joint session of the Federal Parliamentary Assembly. Certain chapters and articles are considered almost unamendable, necessitating the total consensus of federal regional states and two-thirds of each house of Parliament.
Each country's constitutional amendment process is tailored to its specific requirements, striking a balance between adaptability and the preservation of fundamental principles.
Amending the Constitution: Requirements and Process
You may want to see also
Amendment limitations
In Ireland and Australia, amendments are drafted as Acts of Parliament, but they cannot become law without approval in a referendum. This differs from the United States, where a proposed amendment originates as a special joint resolution of Congress that does not require the President's signature or approval.
Other countries have their own unique procedures for amending their constitutions. For example, the Constitution of Ethiopia can only be modified by a two-thirds majority of the country's regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly. Additionally, certain chapters and articles of the Ethiopian Constitution are almost unamendable as they require the total consensus of the federal regional states and a two-thirds majority in each house of Parliament.
The Constitution of South Africa can be amended by an Act of Parliament, but special procedures and requirements apply. A bill amending the Constitution must be introduced in the National Assembly and must solely focus on constitutional amendments and directly related matters. Similarly, the Constitution of Brazil outlines specific terms for its amendment, including the involvement of the Chamber of Deputies, the Federal Senate, the President of the Republic, and the Legislative Assemblies of units of the Federation.
The US Constitution: Unamended, Why?
You may want to see also
Frequently asked questions
A constitutional amendment act is a formal change or addition made to a constitution to address evolving needs or correct existing provisions.
The process of amending a constitution involves making additions, variations, or repeals to its provisions in accordance with established procedures. In some countries, amendments are drafted as Acts of Parliament and require approval through a referendum. In others, a proposed amendment may originate as a special joint resolution of Congress.
A constitutional amendment typically comes into force once it is ratified by a specified number or proportion of states. For example, in the United States, an amendment becomes official once ratified by three-fourths of the states (38 out of 50).
The 106th Amendment Act, passed in 2023, was the latest amendment to the Indian Constitution. The Constitution of Ethiopia can only be modified by a two-thirds majority of its regions and a two-thirds majority of a joint session of the Federal Parliamentary Assembly.
